Distribution to spouse/partner

If a person dies without a will and leaves behind a surviving spouse or common-law partner but no children or other descendants, then the spouse or common-law partner will inherit the entire estate. If the person had children or other descendants who are also the children of the surviving spouse or common-law partner, then the surviving spouse or common-law partner will inherit the entire estate.

If the person had children or other descendants who are not also the children of the surviving spouse or common-law partner, then the surviving spouse or common-law partner will inherit at least $50,000 or half of the estate, whichever is greater, plus half of the remainder of the estate. If the surviving spouse or common-law partner received benefits under the deceased's will, their entitlement will be reduced accordingly.

If the deceased and their spouse or common-law partner were separated and going through a divorce or had divided their property before the deceased's death, then the surviving spouse or common-law partner will be treated as if they had predeceased the deceased. If the deceased had both a spouse and one or more common-law partners, the most recent partner will have priority over the earlier partner in terms of entitlement to the estate.

No spouse

If the person who died has children or grandchildren, the estate is divided equally among them.

No spouse, children or grandchildren

If there are no children or grandchildren, the estate is divided equally between the person's parents or the surviving parent.

No spouse, children, grandchildren, or parents, or siblings

If there are no children, grandchildren, parents, or siblings, the estate is divided equally between the grandparents or their descendants.

No surviving relatives

If there are no surviving relatives, the estate goes to the government.

Distribution

When dividing the estate among descendants, the estate is divided into shares based on how many surviving descendants there are, and each surviving descendant in the closest degree of kinship receives one share. If a descendant has died, their share is divided equally among their own descendants.

Manitoba Intestate Succession Act s.2-8